Excess Product. In the event the Regulatory Committee determines that Product shipped to Conor by Phytogen pursuant to Conor’s forecasts and orders and held by Conor in its possession for incorporation in Conor Devices is in excess of Conor’s revised Product forecasts, Phytogen shall have sole discretion as to whether such excess Product shall be returned to Phytogen or left with Conor for future use. Any Product returned to Phytogen shall be at Conor’s expense.
Excess Product. The Contractor typically has excess product shipped to the installation site, as well as have safety reserves maintained by the installation crew, to ensure adequate material is available for the installation and to mitigate the risk of delays. This allows for increased quality in the applications. All excess products will be removed from the site and returned into Contractor inventory, as these excess products have not been included within the contract price. Should the Owner request excess materials remain on-site, additional charges will be incurred.
Excess Product. XXX-Xxxxxxx USA will not be liable for Goods processed in excess of its order nor for over shipments in excess of the amount specified and XXX-Xxxxxxx USA may return any over shipments at Seller’s expense, which shall include costs of delivery and return.
Excess Product. Verily may return to Supplier, at Supplier’s expense, any quantity of Product exceeding that specified in the Purchase Order.
Excess Product. Distributor also agrees to accept an initial purchase from Supplier of Product in excess of the Required Order which is in possession of Supplier as of the Effective Date ("Excess Product"). Payment for Excess Product shall be in accordance with Section 4.2(a), except that the invoice or invoices for the Excess Product shall be due within one hundred eighty (180) days ("Excess Due Date"), as compared to the sixty (60) day provision of Section 4.2(a). Distributor also agrees to purchase excess product which is in the hands of Supplier's predecessor distributor as of the Effective Date. Financial arrangements with the predecessor distributor for purchases of such Product shall be made directly between the predecessor distributor and Distributor.
Excess Product. Notwithstanding anything herein to the contrary, Buyer acknowledges that Seller intends that the Project shall be a wind generating facility with a nameplate capacity of 103.2 XX xxxxx, and Seller reserves to itself the right to sell or otherwise utilize that portion of the capacity and output of the generating facility in excess of the Contract Capacity (i.e. 25 XX xxxxx), including all Green Attributes, Capacity Attributes, Renewable Energy Credits and other attributes of such excess capacity or energy production ("Excess Product") outside of and without limitation under this Agreement. Seller shall provide written Notice to Buyer, not later than June 30, 2009, informing Buyer whether or not Seller is exercising Seller's option to sell the Excess Product to Buyer under the terms of this Agreement. If Seller timely exercises its option, the Agreement will be automatically amended to increase the Delivered Energy to one hundred percent (100%) of the net Energy produced from the Project, and, subject to Section 10.18, the Contract Quantity shall be set at 303,000 MWh, the Cure Delivery Cap shall be set at 200,000 MWh and the Contract Capacity, Guaranteed Energy Production, the Project Development Security and Delivery Term Security shall be increased pro rata, and the remaining terms and conditions contained in the Agreement shall remain in full force and effect. If Seller does not timely exercise its option to sell the Excess Product to Buyer and the Excess Product is sold outside of this Agreement, the Delivered Energy shall be 75.8% (78.2/103.2) of the Energy produced from the Project at any given time. In the event Seller then offers to sell some or all Excess Product (which can never exceed 25 XX xxxxx by the terms of this Agreement) to Buyer, that would otherwise be sold outside of this Agreement Buyer may, at its option, agree to purchase such Excess Product according to the terms and conditions of this Agreement.
Excess Product. Excess Product of MDFC shall not be included in the Primary Pool, but will be marketed as follows: By UNITED in the succeeding year’s Primary Pool, subject to the limit of MDFC’s Allocation for that succeeding year. Any such Excess Product shall be stored and otherwise handled at the expense of MDFC, although UNITED may provide storage and handling services. In the event MDFC has Excess Product that is being stored by UNITED, any direct costs incurred as a result of such storage shall be charged to MDFC and shall not be shared by other participants in the Primary Pool. By MDFC, to a non-Member processor or to another MEMBER, but not to a domestic user or consumer of sugar for human consumption; provided, however, that UNITED shall be reimbursed for all direct costs relating to the storage or handling of any such Product by UNITED; In the alternative, MDFC and UNITED may mutually agree that Excess Product shall be marketed by UNITED as part of a Separate Pool that is created for MDFC. If UNITED markets the Excess Product, MDFC may elect to have the Excess Product marketed by UNITED in the current year (in the export market or other markets that do not violate the Allotment Statute) or carried over by UNITED to the next Fiscal Year. In the event MDFC has Product in excess of its Allocation that is being stored by UNITED, any additional incremental costs incurred as a result of such storage shall be charged to MDFC as part of the operation of the separate pool and shall not be shared by other participants in the Primary Pool.
Excess Product. Should any Purchase Order include volume of Product in amounts that exceed [ * ]% of amounts set forth in the most recent forecast provided by Axxxxx to NxStage pursuant to Section 4.1 hereof, or should Axxxxx desire to increase the amount of Products to be manufactured pursuant to any already submitted Purchase Order, then NxStage shall use reasonable efforts to comply with such requested changes. Notwithstanding the foregoing, NxStage shall not be liable to Axxxxx for any inability, despite its reasonable efforts, to Manufacture such excess Product.
Excess Product. 19.2.1 Excess Product of ACSC shall not be included in the Primary Pool, but will be marketed as follows:
Excess Product. BYK USA Inc. will not be liable for Goods processed in excess of its order nor for over shipments in excess of the amount specified and BYK USA Inc. may return any over shipments at Seller’s expense, which shall include costs of delivery and return.
